Supreme Court of Vermont

Jay Edward Muzzy v. State of Vermont, Acting by and Through the Rutland County State’s Attorney and the Rutland…

September 21, 1990155 Vt. 279

Summary

The Vermont Supreme Court affirmed summary judgment granting absolute immunity to the Rutland County State's Attorney for alleged negligence in failing to dismiss a DWI charge, holding that such prosecutorial actions are quasi‑judicial and thus absolutely immune. Justice Morse dissented, arguing the record was unclear and that immunity should depend on the function performed, not the title, and that the case should be remanded to amend the complaint.